- 5 - also be allocated to the requesting spouse if the requesting spouse received a “tax benefit” from the items on the joint return. Sec. 6015(d)(3)(B); Mora v. Commissioner, 117 T.C. 279, 293 (2001). Respondent contends, and petitioner does not dispute, that petitioner benefited from the Schedule C items giving rise to the deficiency in the amounts listed above. As previously mentioned, intervenor has filed a notice of intervention in this proceeding and objects to petitioner’s being relieved of liability under section 6015. Section 6015(e)(4) grants the nonelecting spouse some participatory entitlement in an action to determine the electing spouse’s right to relief from joint and several liability pursuant to section 6015. Corson v. Commissioner, 114 T.C. 354, 364-365 (2000). Therefore, in light of intervenor’s opposition to petitioner’s being granted relief from joint and several liability, we shall proceed to examine the requirements of section 6015(c) to decide whether petitioner is entitled to relief under this subsection. Section 6015(c) provides relief from joint and several liability for spouses either no longer married, legally separated, or living apart. Generally, this avenue of relief allows a spouse to elect to be treated, for purposes of determining tax liability, as if separate returns had been filed. Section 6015(c) provides, in pertinent part:Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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